IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 22.05.2014
First Appeal NO. 129/2014
| Automotives India Ltd. 111/9, Kishangarh, Aruna Asaf Ali Marg Near Sahara Restaurant, Vasant Kunj, New Delhi - 110070 | .........Appellant |
VS
| Mr. Saswat Soumya Kanta S/o Shri Bijaya Kumar Padhihari R/o B-3/A-11, Jagriti Apartments Shalimar Garden Extn-II, Sahibabad, Ghaziabad, UP. | ………...Respondent |
CORAM
SALMA NOOR, MEMBER
N P KAUSHIK, MEMBER (JUDICIAL)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik, Member (Judicial)
1. In a complaint case bearing No.483/2012, Automotives India Ltd. Vs. Mr. Saswat Soumya Kanta, filed before District Forum-VII, Sheikh Sarai, Phase – II, Delhi, OP was ordered to be proceeded ex-parte against him by the District Forum on 05.09.2013 on account of non appearance of the OP.
2. That is what brings the OP/appellant in appeal before this Commission for setting aside ex-parte order against him.
3. We have heard Shri Sachin Sangwan, Advocate, Counsel for the Appellant in this appeal at the admission stage as there is no need to hear the respondent.
4. The version of the appellant/complainant for non-appearance on 05.09.13 in the case before the Forum is that, the Munshi of the counsel had wrongly jotted down the date as 15.01.2014 in place of 10.01.14. The counsel appeared on 15.01.14 before the Forum and came to know that the matter was listed for 10.01.2014 and was proceeded ex-parte due to non appearance. There is no plausible reason not to rely and not to act upon this version of the appellant. It has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case before the Forum, so that the matter may be decided on merit. We, therefore, allow the appeal setting aside the ex-parte orders dated 05.09.2013 and remand the case back to District Consumer Disputes Redressal Forum-VII, Sheikh Sarai, Phase – II, Delhi, with a direction to restore the complaint to its original number, and to proceed in the case according to law subject to the payment of costs of Rs.2000/-. The Appellant/Complainant is directed to appear before the District Consumer Disputes Redressal Forum-VII, Sheikh Sarai, Phase – II, Delhi on 03.07.2014.
5. Copy of this order be sent to District Consumer Disputes Redressal Forum-VII, Sheikh Sarai, Phase – II, Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
